national guard; education; reimbursement

SB1809 - 572R - I Ver

REFERENCE TITLE:
national guard; education; reimbursement

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1809

Introduced by

Senator
Gowan

AN
ACT

Amending sections 26-102 and 26-181,
Arizona Revised Statutes; relating to the national guard.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 26-102, Arizona Revised
Statutes, is amended to read:

START_STATUTE
26-102.

Powers and duties of the adjutant general

A. The adjutant general shall serve as head of the department
and, subject to the orders of the commander in chief, command the national
guard of this state. The governor as commander in chief shall
administer and control the national guard, and the adjutant general is
responsible to the governor for executing all orders relating to the militia,
organizing, activating, reactivating, inactivating and allocating units,
recruiting personnel, public relations and disciplining and training the
national guard and those members of the militia inducted into the service of
this state as provided in this chapter.� The adjutant general shall act as
military chief of staff to the governor and as the commanding general of all
branches of the militia.� The adjutant general may belong to the national
association and other organizations for the betterment of the national guard,
subscribe to and obtain periodicals, literature and magazines of such other
organizations and pay dues and charges from monies of this state appropriated
for that purpose. Except for the authority expressly reserved for
the governor, the adjutant general is responsible for emergency management, and
all emergency activities are subject to the approval of the adjutant general.

B. The adjutant general, as the military chief of
staff, shall:

1. Act as military advisor to the governor and
perform, as the governor prescribes, military duties not otherwise designated
by law.

2. Adopt methods of administration for the national
guard that are not inconsistent with laws and regulations of the United States
department of defense or any subdivision of the United States department of
defense.

3. Supervise and direct the organization,
regulation, instruction and other activities of the national guard.

4. Attest and record all commissions issued by the
governor and maintain a register of all commissioned personnel.

5. Keep a record of all orders and regulations
pertaining to the national guard and all other writings and papers relating to
reports and returns of units comprising the national guard and militia.

6. Superintend the preparation of returns, plans and
estimates required by this state, by the department of the army, air force or
navy and by the United States secretary of defense.

7. Control the use of and care for, preserve and
maintain all military property belonging to or issued to this state and pay
from monies appropriated by the legislature for these purposes the necessary
expenses for labor and material incurred in repairing military property.

8. Dispose of unserviceable military property
belonging to this state, account for the proceeds and transmit the proceeds to
the morale, welfare and recreational fund established by section 26-153.

9. Authenticate with the seal of the office of the
adjutant general all orders and copies of orders issued by the adjutant
general's office. An authenticated copy has the same force and
effect as the original.

10. Present to the governor before each regular
session of the legislature, or as otherwise required, an estimate of the
financial requirements for state monies for operating the department and the
national guard during the next fiscal year.

C. The adjutant general, as head of the department,
shall:

1. Be the administrator of the department.

2. Coordinate the functions of the divisions and
offices of the department.

3. Subject to title 41, chapter 4, article 4 and, as
applicable, article 5, appoint, suspend, demote, promote or dismiss employees
of the department. The adjutant general may delegate this authority.

4. Appoint an auditor for the department to conduct
periodic financial and compliance audits of each division and office in the
department and perform other duties as prescribed by law. At least
annually the auditor shall audit accounts that are open for more than twelve
months. The auditor shall determine within the department compliance
with purchase and bidding procedures prescribed by law.

5. Adopt, with the approval of the governor, rules
necessary for operating the department and for organizing, governing, arming,
equipping, instructing and compensating the national guard and authorized
employees. Rules that are adopted for the national guard and authorized
employees pursuant to this paragraph shall be in force and effect when approved
by the governor.

6. Establish and administer accounts for federal,
state or other monies made available to carry out the functions of the
department.

7. As deemed necessary, appoint to peace officer
status members of the Arizona national guard who have been awarded a United
States army military occupational specialty as military policeman or a United
States air force specialty code as security policeman or who have served as a
law enforcement officer in any branch of the United States armed forces or as a
special agent of a military criminal investigative organization within the
United States department of defense. Before appointment as peace
officers, the individuals must successfully complete a course of study
prescribed by the Arizona peace officer standards and training board.
Individuals appointed as peace officers pursuant to this paragraph, when
performing duties at facilities or on land operated or controlled by or under
the jurisdiction of the adjutant general, have all the powers, privileges and
immunities of peace officers provided by law. Individuals appointed
as peace officers pursuant to this paragraph are not eligible to participate in
funding provided by the peace officers' training fund established by section 41-1825
or in the public safety personnel retirement system.

8. Establish, abolish or reorganize the positions or
organizational structure within the department, subject to legislative
appropriation, if, in the adjutant general's judgment, the modification would
make the operation of the department more efficient, effective or economical.

9. Submit to the governor, the president of the
senate and the speaker of the house of representatives annually by September 1
a report for the department for the preceding fiscal year that includes:

(a) The strength and condition of the national
guard.

(b) The business transactions of the department.

(c) A detailed statement of expenditures for all
military and civilian purposes.

(d) The disposition of all military and civilian
property on hand or issued.

(e) A description of the activity in the camp Navajo
fund established by section 26-152.

(f) A detailed statement of the national guard
postsecondary education reimbursement program pursuant to section 26-181,
subsection
D
F
.

D. The adjutant general, with the approval of the
governor, may:

1. Enter into contracts with individuals, this
state, political subdivisions of this state or the federal government and its
agencies to purchase, acquire, rent or lease lands, buildings or military
materiel and take title in the name of this state for establishing and
maintaining armories, subject to legislative appropriation for these purposes.

2. Procure and contract for procurement of equipment
and its issuance to members of the militia inducted into the service of this
state.

3. Enter into agreements and plans with the state
universities, the community colleges or any educational institution supported
by federal or state monies to promote the best interests of the national guard
and military training of students of the institutions.

4. Lease property acquired under this chapter for
any public purpose for a period of one year that is renewable.

5. Convey for any public purpose in the name of this
state easements on real property acquired under this chapter.

6. Enter into contracts or agreements with the
federal government that are deemed to be in the best interest of this state and
the national guard.

7. Delegate the powers and duties prescribed in this
section.

8. Adopt methods of security for the national guard
reservations or facilities that are consistent with the laws, regulations or
directives of the United States department of defense or any subdivision of the
United States department of defense and the laws of this state.

9. Enter into a contract or agreement with an
individual or political subdivision of this state to facilitate any of the
following:

(a) Training.

(b) Emergency operations.

(c) Maintenance of aircraft.

(d) Safety, including emergency and medical
services.

(e) Movement or storage of aircraft.

(f) Recruitment and retention of personnel for the
national guard of Arizona.

10. Subject to legislative appropriations, establish
an educational program for persons who have previously dropped out of high
school and who are under twenty years of age but who are not adjudicated
delinquent. The educational program shall be designated
"project challenge" and shall be conducted by the national guard of
Arizona in a paramilitary environment. The goal of the educational program is
to provide persons who are enrolled in the program with the knowledge and
skills necessary to become productive citizens and to obtain a general
equivalency diploma. In addition to monies appropriated for the
program, the adjutant general may accept and spend monies from any other lawful
public or private source to administer, operate and support the program.
END_STATUTE

Sec. 2. Section 26-181, Arizona Revised
Statutes, is amended to read:

START_STATUTE
26-181.

Tuition and fees reimbursement; evaluation of applications;
payment; forgiveness of costs; report

A. After applicants submit their grade reports, the
adjutant general shall evaluate the applications for tuition and fees
reimbursement and pay those applicants the adjutant general determines to be
eligible.
Eligibility under this subsection extends to qualified
members of the national guard and their spouses and legal dependents and
employees of the department of emergency and military affairs who are enrolled
full-time or part-time in undergraduate, graduate, certification, professional
development or nondegree programs at any public or private postsecondary
educational institution in this state that grants credit toward a degree,
diploma or recognized credential, including vocational-technical
programs.

B.
Such
Reimbursement
pursuant to subsection a of this section
is subject to
legislative appropriation and shall not exceed
the lesser of
:

1. The maximum amount charged for in-state
tuition and fees at a state university during that academic year.

1. $10,000
per fiscal year per applicant, which may cover in-state tuition and mandatory
fees at a public or private postsecondary educational institution in this state
during that academic year and an additional amount of not MORE than $1,000 for
required textbooks, materials, supplies and online course surcharges.

2. The amount spent by the applicant for in-state
tuition
,

and fees

MANDATORY fees, textbooks, materials, supplies and online course surcharges
.

C. A reimbursement payment
under this
section
shall be made within forty-five days after the date of
receipt of the applicant's grade reports for the semester for which
reimbursement is to be paid.

D. If appropriated monies are
insufficient to fully reimburse all eligible applicants pursuant to this
section in a fiscal year, reimbursements shall be prorated in the following
order of Priority:

1. to eligible active national guard
members.

2. to eligible spouses and dependents
of national guard members.

3. to eligible employees of the
department of emergency and military affairs.

E. An eligible applicant who earns a
degree, diploma or certificate or completes an approved professional
development program using reimbursement pursuant to this section and who
remains a national guard member in good standing for ten years following
completion of the degree or program shall receive accelerated or full
forgiveness of any unreimbursed portions of eligible costs on verification of
the MEMBER'S service commitment.� The adjutant general shall establish
procedures for tracking and verifying member service commitments, including pro
rata forgiveness for partial completion of the ten-year period.

D.

F.
The
adjutant general shall report the following information as provided by section
26-102, subsection C, paragraph 9:

1. The total number of national guard members who
received reimbursement payments pursuant to this section during the preceding
fiscal year.

2. The number of newly recruited national guard
members who received reimbursement payments pursuant to this section during the
preceding fiscal year.

3. The total number of spouses and dependents of
national guard members who received reimbursement payments pursuant to this
section during the preceding fiscal year.

4. The total number of employees of the department
of emergency and military affairs who received reimbursement payments pursuant
to this section during the preceding fiscal year.

5. The total amount
of monies spent by the national guard for reimbursement payments pursuant to
this section during the preceding fiscal year.

6. The
number of applicants who qualified for accelerated or full forgiveness pursuant
to subsection E of this section during the preceding fiscal year, including the
total amount forgiven and the impact on retention rates if measurable.

END_STATUTE

Sec. 3.
Short title

This act may be cited as the
"Arizona National Guard Education Enhancement Act".